Mary Hanafin (Dún Laoghaire, Fianna Fail)

It is important to state that the confidentiality clause in the Residential Institutions Redress Act refers specifically to an application to that board, to any dealings with it, to the results thereof and to the awards made. It does not in any way preclude an individual from talking about their experiences within an institution or sharing that information with others. This privacy has suited a significant number of people.

We are conscious of the fact that some people have experienced difficulties. Officials at the Department of Education and Science are involved in discussions with the survivors' groups about this. We must bear in mind that the board is independent.

If we can help the survivors' groups, we will obviously try, bearing in mind the independence of the board, to do so.

The privacy clause protects not only those who appear before the commission, namely, the survivors, but also other persons who might be named. It protects them from being hounded by other sources, such as the media, that want to know what happened and how much was awarded. It affords such people privacy so that they can deal with the matter in their own way.

The board does not make any findings of fact, nor does it deal with culpability. It does not consider an individual case or apportion blame to any individual group. It is important, therefore, that cases are not dealt with in public. The board publishes an annual report so information can be made available in a general sense.

Contrary to what Deputy Crowe said, there appears to be no disparity between awards made by the board and those made by the High Court. The awards made by the board have ranged from nil to €300,000. This is quite a range. A person can refuse what is offered and go to the High Court. This protection still exists.

We understand that the vast majority of people prefer the privacy arrangement that is in place. If there is a way in which we can help these people even more while protecting their privacy and not revealing the amounts awarded, while bearing in mind that the board is independent, we will try to do so.

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